OPINION OF THE COURT

Order affirmed for so much of the memorandum at the Appellate Division (163 AD2d 495) as relates to the violation *1029of CPL 270.30 and 310.10. There is no claim of waiver in this case (cf., People v Webb, 78 NY2d 335 [decided today]).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.